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Supreme Court upholds part of Arizona immigration law, blocks others

The New York Times

Posted:
06/26/2012 01:00:00 AM MDT

Updated:
06/26/2012 01:35:36 AM MDT

Members of Promise Arizona — from left, Leonila Martinez, Patricia Rosas and Gustavo Cruz — react to the Supreme Court ruling regarding Arizona's controversial immigration law Monday at the Arizona Capitol in Phoenix. The Supreme Court struck down key provisions of the crackdown on immigrants but said a much-debated provision on checking suspects' status could go forward. Arizona Gov. Jan Brewer said police could enforce the "show me your papers" provision without profiling based on ethnicity. (Ross D. Franklin, The Associated Press)

WASHINGTON — The Supreme Court on Monday delivered a split decision on Arizona's tough 2010 immigration law, upholding its most hotly debated provision but blocking others on the grounds that they interfered with the federal government's role in setting immigration policy.

The court unanimously sustained the law's centerpiece, the one critics call its "show me your papers" provision. The provision requires state law enforcement officials to determine the immigration status of anyone they stop or arrest if there is reason to suspect that the individual might be an illegal immigrant.

The justices parted ways on three other provisions, with the majority rejecting provisions that would have subjected illegal immigrants to criminal penalties for activities like seeking work.

The ruling is likely to set ground rules for the immigration debate, with supporters of the Arizona law pushing for "show me your papers" provisions in more states and opponents trying to overturn criminal sanctions for illegal immigrants.

Writing for the majority, Justice Anthony Kennedy said, "Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law."

Justice Antonin Scalia summarized his dissent from the bench, a rare move that indicated his deep disagreement. Rarer still, he criticized a policy that was not before the court: President Barack Obama's recent announcement that his administration would not deport many illegal immigrants who came to the U.S. as children.

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Scalia's point was a narrow one — that the states should have the right to make immigration policy if the federal government is not enforcing its own policies.

Both Obama and Mitt Romney, the presumptive Republican presidential nominee, quickly responded to the immigration ruling. Romney said in a brief statement that states had the right and the duty to secure their borders.

Obama emphasized his concern that the remaining provision could lead to racial profiling, an issue that the court might yet consider in a future case. "No American should ever live under a cloud of suspicion just because of what they look like," Obama said in a statement, adding that he was "pleased" about the parts that were struck down.

In her own statement, Gov. Jan Brewer of Arizona, a Republican, said she welcomed the decision to uphold what she called the heart of the law. The decision, she said, was a "victory for the rule of law" and for "the inherent right and responsibility of states to defend their citizens."

Still, the ruling was a partial rebuke to state officials who had argued that they were entitled to supplement federal efforts on illegal immigration.

In the majority opinion, Kennedy wrote that the ruling did not foreclose other "constitutional challenges to the law as interpreted and applied after it goes into effect."

Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Kennedy's majority opinion. Justice Elena Kagan disqualified herself from the case because she had worked on it as the solicitor general.

Health care is next

The Supreme Court will issue its last opinions on Thursday, with its decision on President Barack Obama's health care overhaul expected to come down that day.

The court will begin its summer recess after announcing its decisions, with health care topping the list of undecided cases. The court also still has to decide cases on lying about military medals and real estate kickbacks.

After Thursday, the justices won't meet publicly again in the Supreme Court until the first Monday in October.

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